S.F. 394 Section 1. NEW SECTION . 473B.1 High performance public 1 building certification —— program established —— legislative 2 intent. 3 The intent of the general assembly is to promote 4 effective energy and environmental standards for the design, 5 construction, renovation, and maintenance of public buildings. 6 These standards shall improve the capacity of the state to 7 operate high performance buildings and thereby increasing 8 energy independence, increasing demand for environmentally 9 preferable building materials, finishes, and furnishings, 10 reducing waste generation and manage waste through recycling 11 and diversion from landfill disposal, and establishing life 12 cycle cost analysis as the appropriate and most efficient 13 analysis to determine the optimal performance level of a 14 building project. 15 Sec. 2. NEW SECTION . 473B.2 Definitions. 16 As used in this section, unless the context otherwise 17 requires: 18 1. “Department” means the department of public safety. 19 2. “High performance certification” means a public building 20 design, construction, and renovation standard that is certified 21 by an independent third-party organization pursuant to section 22 473B.3 as having been achieved. 23 3. a. “Public building” means a facility that meets all of 24 the following conditions: 25 (1) Is constructed or renovated in whole or in part 26 with state funds or with funds guaranteed or insured by a 27 state agency, with the state funding or guaranteed funding 28 constituting at least fifty percent of the project cost. 29 (2) Contains five thousand or more square feet. 30 (3) Includes a heating, ventilation, or air conditioning 31 system. 32 (4) Has not entered the design phase prior to July 1, 2011. 33 b. For purposes of this definition, a “public building” 34 shall not refer to or include a building constructed or 35 -1- LSB 2066SV (4) 84 rn/sc 1/ 6

S.F. 394 renovated by a school district or a city or county but shall 1 include a building constructed or renovated by an institution 2 under the control of the state board of regents. 3 4. “State agency” means an agency, department, authority, 4 board, commission, council, court, office, bureau, institution, 5 unit, or division of the executive or judicial branches of 6 state government, whether elected or appointed, including 7 institutions under the control of the state board of regents. 8 5. “Substantial renovation” means any renovation of a 9 public building the cost of which exceeds fifty percent of the 10 replacement value of the facility. 11 Sec. 3. NEW SECTION . 473B.3 Program established. 12 1. The department shall adopt rules creating a program 13 establishing a high performance certification process. The 14 objectives of the program shall include the following: 15 a. Reducing operating costs of public buildings by 16 decreasing the consumption of energy, water, and other 17 resources, and where feasible increasing the use of wind, 18 solar, geothermal, and other proven sources of alternative 19 energy. 20 b. Recovering the increased initial capital costs 21 attributable to compliance with the program by reducing 22 long-term energy, maintenance, and operating expenses. 23 c. Improving the indoor environmental quality of public 24 buildings for a healthier work environment. 25 2. A state agency designing, constructing, or controlling 26 the substantial renovation of a public building on or after 27 July 1, 2011, shall be required to submit design plans and 28 specifications to the department for approval before contracts 29 for the construction or substantial renovation are let. A 30 proposal shall not be approved unless high performance 31 certification is achieved, subject to the provisions of 32 subsection 3. The department shall adopt rules establishing 33 a certification process by an independent third party that 34 the design, construction, or substantial renovation, based 35 -2- LSB 2066SV (4) 84 rn/sc 2/ 6

S.F. 394 upon a life cycle cost analysis conducted pursuant to chapter 1 470, meets the minimum standards of the United States green 2 building council’s leadership in energy and environmental 3 design rating system, the green building initiative’s green 4 globes rating system, or standards developed by an alternative 5 nationally recognized third-party organization designated by 6 the department. 7 3. Notwithstanding subsection 2, the department may waive 8 the high performance certification requirement if a state 9 agency submits an estimate indicating that the increased 10 initial costs of achieving certification are projected to 11 exceed five percent of the total design and construction or 12 substantial renovation costs, and the department determines 13 that the public building is not anticipated to recoup these 14 costs through decreased operational and maintenance expenses 15 within five years. In the event a waiver is granted, an 16 accredited construction, engineering, or architectural 17 professional associated with the proposed public building 18 project shall submit to the department a written declaration 19 that to the extent possible the construction or substantial 20 renovation shall be executed in a manner which is consistent 21 with the program’s high performance certification standards. 22 A waiver pursuant to this subsection shall not be granted if 23 the department determines that the public building can be 24 anticipated to recoup the increased costs within five years. 25 4. A public building of less than ten thousand square feet, 26 nonsubstantial renovations of public buildings, and public 27 building maintenance programs shall, to the extent possible, 28 conform to high performance certification standards. 29 5. The department shall identify and seek to have public 30 buildings receiving high performance certification designated 31 as an energy star building pursuant to the energy star program 32 developed and jointly administered by the United States 33 environmental agency and the United States department of 34 energy. 35 -3- LSB 2066SV (4) 84 rn/sc 3/ 6

S.F. 394 6. The department shall develop and implement a process 1 to monitor and evaluate the program, and shall, by January 1 2 annually, submit a report regarding compliance with program 3 guidelines, indicating the number of public buildings receiving 4 high performance certification, and describing any resulting 5 energy and environmental benefits observed. 6 EXPLANATION 7 This bill establishes a high performance certification 8 program administered by the department of public safety and 9 applicable to public buildings. 10 The bill states that the intent of the general assembly is to 11 promote effective energy and environmental standards for the 12 design, construction, renovation, and maintenance of public 13 buildings. The bill further states that these standards will 14 improve the capacity of the state to operate high performance 15 buildings to increase energy independence, increase demand for 16 environmentally preferable building materials, finishes, and 17 furnishings, reduce waste generation and manage waste through 18 recycling and diversion from landfill disposal, and establish 19 life cycle cost analysis as the appropriate and most efficient 20 analysis to determine the optimal performance level of a 21 building project. 22 The bill provides that the department shall adopt rules 23 establishing the program, with objectives which include 24 reducing operating costs of public buildings by decreasing the 25 consumption of energy, water, and other resources and where 26 feasible increasing the use of wind, solar, geothermal, and 27 other proven sources of alternative energy; recovering the 28 increased initial capital costs attributable to compliance 29 with the program over time by reducing long-term energy, 30 maintenance, and operating expenses; and improving the indoor 31 environmental quality of public buildings for a healthier work 32 environment. The bill defines a public building as a facility 33 that is constructed or renovated in whole or in part with state 34 funds or with funds guaranteed or insured by a state agency, 35 -4- LSB 2066SV (4) 84 rn/sc 4/ 6

S.F. 394 with state or guaranteed funds constituting at least 50 percent 1 of the project cost; that contains 5,000 or more square feet; 2 includes a heating, ventilation, or air conditioning system; 3 and has not entered the design phase prior to July 1, 2011. 4 The bill specifies that a public building shall not include 5 a building constructed or renovated by a school district or 6 a city or county but shall include a building constructed or 7 renovated by an institution under the control of the state 8 board of regents. 9 The bill provides that a state agency, as defined in the 10 bill, which is designing, constructing, or controlling the 11 substantial renovation of a public building on or after 12 July 1, 2011, shall be required to submit design plans and 13 specifications to the department for approval before contracts 14 for the construction or substantial renovation are let. The 15 bill defines “substantial renovation” to mean any renovation 16 of a public building the cost of which exceeds 50 percent 17 of the replacement value of the facility. The bill provides 18 that a proposal shall not be approved unless high performance 19 certification is achieved pursuant to a process conducted 20 by an independent third party certifying that the design, 21 construction, or substantial renovation meets the minimum 22 standards of the United States green building council’s 23 leadership in energy and environmental design rating system 24 (LEED), the green building initiative’s green globes rating 25 system, or standards developed by an alternative nationally 26 recognized third-party organization designated by the 27 department. 28 The bill provides for a waiver from these requirements if a 29 state agency submits an estimate indicating that the increased 30 initial costs of achieving certification are projected to 31 exceed 5 percent of the total design and construction or 32 substantial renovation costs, and the department determines 33 that the public building is not anticipated to recoup these 34 costs through decreased operational and maintenance expenses 35 -5- LSB 2066SV (4) 84 rn/sc 5/ 6

S.F. 394 within five years. In this event, the bill requires an 1 accredited construction, engineering, or architectural 2 professional associated with the proposed public building 3 project to submit a written declaration that to the extent 4 possible the construction or substantial renovation shall be 5 executed in a manner which is consistent with the program’s 6 high performance certification standards. The bill states that 7 a waiver shall not be granted if the department determines that 8 the public building can be anticipated to recoup the costs 9 within a five-year period. 10 The bill provides that public buildings of less than 10,000 11 square feet, nonsubstantial public building renovations, and 12 public building maintenance programs shall, to the extent 13 possible, conform to high performance certification standards. 14 The bill directs the department to identify and seek to 15 have public buildings receiving high performance certification 16 designated as an energy star building pursuant to the energy 17 star program developed and jointly administered by the United 18 States environmental agency and the United States department 19 of energy. 20 The bill requires the department to develop and implement 21 a process to monitor and evaluate the program and to submit a 22 report regarding compliance with program guidelines, the number 23 of public buildings receiving high performance certification, 24 and resulting energy and environmental benefits observed, by 25 January 1 annually. 26 -6- LSB 2066SV (4) 84 rn/sc 6/ 6